The Elite
BOSS
My local EB has resold on preorders before. I have been a "victim" of such a thing before. They just offered to put the money I put down towards something else. They gave it back when I asked rather than putting it towards something else.
If your EB is pocketing your money after overselling a pre-order and you didn't get the game, you were robbed. That is illegal.
This, if you're legitimately encountering that problem you should be going up the food chain on it. That isn't their standard business practice.